Legal Question in Family Law in California

Grandparents chances for custody

Long story short - My mother (grandmother) and I (aunt) have obtained temporary guardianship of my niece (a) and nephew (b) while my youngest niece (c) was recieving a lung transplant. ''C'' passed away and my sister wants her children back, we don't want to give them back. The real reason we asked for them in the first place was because step dad abuses them. Yes, we have seen it, yes mother knows and ''C'' had a nurse who called CPS on him. There is documentation. Both children were extremely malnourished and underweight when we recieved them. ''A'' is 8yrs and weighs 47lbs, ''B'' is 6 and weighs 37lbs. My sister is in TN, we are in CA with the kids. What I'm asking is if there is any chance we could be granted custody or if we even have any rights? I'd be happy to answer more questions if needed. Thanks in advace for any help.


Asked on 5/18/07, 3:08 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Grandparents chances for custody

Refuse to return the children and request the matter be moved from probate to juvenile court. Call or e-mail me directly.

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Answered on 5/19/07, 6:15 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Grandparents chances for custody

If grandmother is a court appointed guardian she she refuse to return the children absent a court order. She should file a petition with the court to modify guardianship to eliminate or at least have some sort of supervision. A referral to CPS may be necessary.

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Answered on 5/23/07, 9:36 pm


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